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Safety & Compliance
> What to Do at an Accident Scene
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Without
doubt, the safest group of drivers on U.S. Highways are
the nation’s professional truck drivers. You have
developed the skills necessary to avoid collisions even
when another party is at fault. One of the statistics
that support our faith in truck drivers is the fact that
more than 75% of truck-related collisions are caused by
the non-professional driver.
That
statistic also tells us, though, the day may come where
you find yourself involved in a collision with another
vehicle regardless of your efforts. In order to prepare
for that eventuality, you should have certain items
with you at all times when operating a commercial motor
vehicle.
You
are required by the Federal Highway Administration (FHWA)
to carry emergency warning devices. In addition, you
should have a company accident report form and witness
signature cards. Certain information must be exchanged
at an accident scene, and other information will be
helpful to your company in dealing with the accident
after the fact. The report form and witness information
are critical.
It
is strongly recommended that you carry a disposable
camera (with flash), a flashlight, and a tape measure.
These items will be helpful in documenting any evidence
at the scene.
FHWA
also requires you to carry your Commercial Driver License,
your medical certificate, daily logs, and shipping papers
if you are transporting hazardous materials. You also
must carry proof of liability insurance. If you are
involved in a collision, you will be required to present
your driver license and proof of insurance to the involved
other parties. Federal, state or local law enforcement
personnel will be entitled to see the other documents
described above.
If
you are involved in an accident, your duties fall in
to three groups:
(1) secure the scene,
(2) notify authorities, and
(3) gather evidence.
1.
Secure the scene. Come to a complete stop. Take a deep
breath and do your best to become calm. A collision,
even to the most experienced driver, can be unnerving.
Extinguish any smoking materials to reduce the risk
of fire. Use extreme caution exiting your vehicle. Other
vehicles may still be trying to pass or come to a stop.
You must protect yourself at this point, or you will
be unable to help others. Set out emergency warning
devices to alert oncoming traffic. Check for injured
persons and perform first aid, if necessary, within
the limits of your training and experience. Arrange
for medical assistance.
2.
Notify authorities and your company. This is not an
option if there are injuries or fatalities, or interference
with other traffic. If the collision appears to be minor,
follow your company’s policy regarding notification
of the police. Your company must be notified immediately,
regardless of severity of the collision. Either you
or a company official should notify your insurance company
representative as quickly as possible. Do not speak
with the media or other parties at the scene. Refer
questions to your company official or your insurance
company representative. DO NOT ADMIT FAULT. Relate the
facts of the accident to the law enforcement personnel
and to your company representative, without making a
judgment of responsibility.
3.
Gather evidence at the scene. Responsibility for many
collisions is determined days, weeks or months afterward,
and may be based on some piece of evidence or information
that may seem insignificant at the scene. Do not rely
on your memory. Save pieces of hard evidence; write
notes regarding other items; take pictures!
We
suggested earlier that you carry a camera with you.
The notion that “a picture is worth a thousand
words” is never more true than when you are trying
to document conditions at an accident scene. If it is
not possible to take photos at the time, there still
may be value in someone from the company getting to
the scene after the fact. Skid marks and other evidence
may still be visible.
Photos
should document skid marks, the position of the involved
vehicles, location of debris on the roadway or shoulder,
and any other factor that might help to record the facts
of the accident. Do not be “chincy” with the
film. Film is cheap! Use all of the film you have available,
moving around to get different views of the scene. A
series of photos approaching the scene from each direction
of travel may be of value.
Secure
the identity and insurance information of other drivers.
Get the names, addresses, telephone numbers of any witnesses.
If a witness should be reluctant to provide this information,
write down his/her vehicle license number. Get the name
and badge number of any law enforcement officer at the
scene. Be sure to count and identify people in the other
vehicles. Counting is important, because in some bodily
injury cases, the number of injured people in the other
vehicle has been known to “grow”. Note the
physical condition of others involved, i.e. apparently
uninjured or obviously injured. Are they walking around?
Are they complaining of any injury?
Note
the weather and road conditions. This is particularly
important if you are unable to take photos. Is it light
or dark? clear or cloudy? sunny? rain, snow, hail, fog,
sleet? What is the road like? how many lanes? are there
lane dividing lines and fog lines? were they visible?
curves? dry or wet? icy? snow covered? how far was visibility
clear?
Save
hard evidence that may be important, such as broken
light lenses or bulbs, pieces of trim, wheel covers,
items from within the vehicles. Measure skid marks.
If you do not have a tape measure, pace them off as
accurately as possible. Try to identify which vehicle
made which marks.
With
regard to saving evidence, try to note any extenuating
circumstances that may have contributed to negligence
or inattention on the part of the other driver. Is there
a cellular phone in the vehicle? Is there any indication
it was in use at the time of the accident (cell phone
billing records can document the exact time of a call)?
Are there any full or empty alcohol containers in the
vehicle? What was the operating condition of the vehicle
at the time of the collision? Were the lights burning?
which lights? Were the windows clear or fogged or icy?
Were windshield wipers in use, if warranted? Were safety
belts being used?
Finally,
when all of your responsibilities have been met and
you have done everything possible to gather evidence,
take the time to write notes on everything that has
happened. Remember that many collisions will result
in a bodily injury claim against you and your company.
Quite often, the hearing or trial to determine responsibility
will not occur for several weeks or months. Our memories
are not good enough to recall all details. Of course,
everything you document or gather involving a commercial
vehicle accident should be shared first and maybe only
with your company representative.
Write down everything you observed as quickly as possible
afterward!
Provided
by John Sallak. John has been a safety professional
in the trucking industry for 30 years and specializes
in federal motor carrier safety compliance.
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Safety & Compliance